pundits will argue over whether the healthcare was the cause for the win but little doubt his arrival changed the playing field. house speaker nancy pelosi says democrats do not have the votes to pass reform. today senator elect brown says he's not against the healthcare in general. >> i voted for healthcare in massachusetts and it was a great bipartisan effort. i i wanted coverage for everybody in massachusetts and we have 90% ensured. the bill in washington was not good for massachusetts. >> in a bipartisan talk you heard from senator broke was popular in the capital today. the other senator from massachusetts, john kerry, is looking forward to reaching across the aisle. harry reid said the same thing. it's been described as a

pleasant day one. we have james rosen on how both parties of dealing. >> senator elect brown met with members of both parties and it appears he's continuing the i'm an independent theme. >> he points out a lot that having been a massachusetts state senator, he worked with a pretty overwhelming democratic majority, 85% is democrat. he was one of five state senate republicans to an elite group and he thinks that's evidence of his ability to reach across party lines. the populism streak, we'll see how long that lasts. he met with mcdonald and harry reid and his new nickname is number 41. >> shepard: he used to call himself 41. i wonder what they're putting out for moods. >> they have major attitudes. the first nickname was downtown

scouty brown for his high school basketball jump shot. the evolution continues. republicans are elated. they fall this something of a huge moment. when you couple it with the supreme court decision about campaign finance money there's a tremendous amount of political news. democrats recognize this. the thing is they're not denying t they acknowledge they got their clock cleaned in massachusetts and it awakend the country. they have not the slightest idea what to do but recognize they need a course correction. >> shepard: senator kerry saw a brown wind coming. what does that tell us? >> the firing squad is reloading and shooting itself in massachusetts and across the country. senator kerry was campaigning at mr. obama's rally but there were other democrats, critical of that democrat. it's a tough time for democrats

because now comes the self appraisal and how to deal with the republican resurgence at the same time republicans feel like they got their mojo back. >> carl cameron, thank you. one thing post -- i should say one thing most political analystings agree on is populism was a factor that pushed senator elect brown. perception or reality. it doesn't matter. politicians are talking about how voters are angry with anyone with the name senator or representative attached or c.e.o. democrats and republicans know anger is a powerful thing and they're trying to tap into it. team fox coverage continues. james rosen with a look at that. >> good afternoon. despite the string of republican victories in massachusetts, virginia and new jersey, the reality is both parties are struggling to manage voter discontent. president obama has begun sounding a more populous tone

with a periodic tax, he did not run for office to help out a bunch of fat cat bankers on wall street. today, mr. obama said it was the american people who did the necessary thing and bailed out the financial if i did. for the gop, the consuming mission is to co-op the tea party movement. john boehner and colleagues are said to be mulling over a plan to run focus groups to better understand the movement. congressman boehner's office denied the report but we hear the house gop is planning a website so citizens can shape the platform being drafted for this fall. as for scott brown, driving a pickup truck established him as a man of the people but the factor was a role by independent voters. 65% of massachusetts voters polled by suffolk university reported they would vote for

brown despite the fact president obama won 57% of those voters. if you wonder, i am a registered voter. i'm not a populist. i would be happy to run on the elitist label. >> shepard: you would fit perfectly. >> for more, gerald seib are from the "wall street journal," owned by the parent company of this network. great to see you. >> thanks. >> i want to play you something from nancy pelosi talking about healthcare. listen to this. >> everybody recognizes that something needs to be done. >> does that mean the senate bill in the present form, you will not pass. >> i don't see the votes for it at this time. >> shepard: there aren't votes. i wonder to what degree you think the rise in perception of populism, what role its played. >> first of all, as the discussion has indicated it's made populism the flavor of the month in washington.

secondly it's made life difficult for both parties. the problem for democrats is obvious. it was made possible by a perception that the washington establishment was overreaching on healthcare, making it difficult to push things through. it paves the way for the kind of thing president obama is doing, going after banks, making republicans uncomfortable. both parties have reason to use it. both parties have reason to be careful how they use it because it's a two edged sword. >> shepard: i wonder if you think -- chicken and egg conversations are tedious but do you know the rise of people on radio is the reason for the movement or are they reflective of the people? >> i think it's a reflecting of reality. you can't create this movement. we saw it in the early 1990s with ross perot. he did not create the anxiety.

he took advantage of t i think that's what's going on. what you would expect to see in economic crisis when people think the government is overreaching. the question is who can take advantage. clearly republicans are taking advantage of it. i think that's not necessarily a clean shot through to november. we'll see. but i don't believe anybody's organizing this and i don't believe anybody's in control. interesting convention of tea party folks in a couple weeks in tennessee, watched more closely than otherwise. >> shepard: since you mentioned the tea party folks, i wonder what you think of the branch on the right will feel about going ever after the banks. it doesn't seem lining a -- like a comfortable position for that bunch. >> i asked them a couple weeks ago. the reaction was uncomfortable. they said people in the tea

party movementably in capitalism and you should be able to benefit and profit but if you're in a industry with a government bailout from the taxpayers, that's a different story. so i think there's uncertainty about the feeling about going an banks. some people clearly think washington and wall street are too close, if not the same thing. they'll be happy. others thing it rubs gains the free enterprise capitalistic instinctses. >> the level of anger from left wing radio and tv is at a level i haven't seen. how do you think that will play? >> what it does is restricts the ability of president obama to move to the center, if in fact his reaction to the problem like bill clinton's reaction in 1994 when he lost control of congress was to move to the center. anger on the left makes it harder for the president if that's what he tries to do.

>> shepard: gerald seib. good to see you. >> thanks. you can get a lot more on senator elect scott brown on our capitol hill blog. have you been there? we call it the speakers' lobby. foxnews.com -- wait. back it up a little bit. check it out at congress.blogs.foxnews.com. the west coast buried by heavy storms and threat of mudslides putting a thousands homes unevacuation orders. we'll go live to southern california when "studio b" continues.

>> shepard: whether alert. another series of i mean serious winter storms. bombarding large swaths of california with high wind, enormous waves, rain and snow. in the upper left corner pacifica, california, outside san francisco.

an apartment building close to falling off a cliff. upper right, penn grove, nonstop rain causing flooding but southern california, bottom left, pacific palisades, check out those waves, 20 feet high at times. the bottom right, the mudslides, 1200 homes under evacuation order as the rain continues to fall on the foothills and around los angeles. you can see how widespread this storm really is. casey segal is live in la canada with more. how are they holding up? >> things aren't very good. this is what you see. makeshift sandbags the homeowner put to get together or the emery workers. i'll walk you this way. this is what we're talking abouted the rain started coming down about 30 minutes, pretty hard. this is what you see.

a lot of the mud, a lot of debris and rocks have spilled off the mountainside here and again, this is only for about 30 minutes worth of rain. we're expecting up to 7 inches in some parts of southern california today. so you can imagine what it will do. it's a big threat for a lot of people. >> these slide happen mighty fast. >> they really can. i want to show you this. this hill here, this is just in someone's backyard. in fact, the emergency workers have come through and warned us to keep our eyes open and our ears open because all it takes is a matter of seconds. the snap of a finger and something at the top slide down this hillside and look right there, you've got someone's beautiful multimillion-dollar home. it doesn't take long. >> shepard: any indication when homeowners can go back? >> the difficult. they expect the system to last through saturday.

we've been battered since monday. they expect this to last until saturday. so it appears we're not out of the wood. we don't know when the orders will be lifted. we're hearing reports of 25% of people who have not listened to the orders and they were forced to sign waivers because sometimes if it gets bad, emergency crews can't rescue people. >> casey segal. thank you. >> former presidential candidate john edwards has come clean confirming reports he fathered a child with his mistress. did edwards use campaign fund to keep her quiet? that would be a definitive -- different thing. judge andrew napolitano gives his opinion and what the former senator is doing in haiti. that's next. in the luscious taste of butternut squash, blended with delicate herbs. v8 golden butternut squash. from campbell's. a soup so velvety and delicious

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>> shepard: he said he didn't do t he said the timing just wasn't right. couldn't be. not his child. a new story today. the former north carolina senator and two time presidential candidate john edwards says that's my baby. in a statement to the associated press he admitted he fathered the child in early 2008 despite the fact he lied and lied. happened with a former campaign videographer. a baby which appears to have

been conceived three months after john edwards' wife revealed she had terminal cancer. elizabeth edwards says her family is relieved her husband owned up to it but refused to comment on anything else. it's not just a case of an affair. it's not the case of another politician falling from grace and not just another baby born out of we wedlock, the feds are investigating whether john edwards illegally funneled campaign funds to the mother of this baby, a crime punishable up to 20 years in the federal pen. with us, judge andrew napolitano. the argument was you took money from your campaign and paid her in essence to be on. >> you paid her for her silence or gave her a gift. now, if a federal grant jury, which is investigating this even as we speak, shep, decides

there's probable cause, more likely than not, that the $114,000 she was paid was not the fair market value of video services she performed for the campaign but a way to take money that can't contributors gave to edwards to run for president and gave to her, that would be an act of fraud. each check is five years in jail and a conspiracy count. that person would be a coconspirator. why is i admitting this now? the feds may very well have said own up to this, admit you did it and there won't be an indictment. lawyers know, shep, you don't taunt the alligator until you cross the stream. you don't taunt a grand jury or federal prosecutors talking about the case until after you

know if there is a case. we don't know that yet. >> shepard: to be able to find out, to make that distinction between we're paying you for services you're giving to the campaign and something more than that, i guess there would be a magic number that says -- >> they would look at the videos she allegedly took and look at campaign records. >> shepard: that's the kind of property that is subject -- the value is subjective. >> i didn't it is, none of her videos made it into the ads so that tells what you the campaign thought they were worth. that's not infrequent. campaigns hire videoographers and they take thousands of hours. the government will bring in experts and they'll say it's worth $25. not 114,000, or it's worth 114 thousands. it's good stuff. i don't know why they didn't use it and the grand jury will decide whether or not to indict. >> shepard: he's over in haiti now, i guess working -- a bigger

pr thing to get down. >> he either anticipates an indictment and is trying to put on that good ole boy, i'm a loveable guy, don't take it out on me smile or he's working his heart out in haiti for people and not concerned about his legal fate back home. >> shepard: all right. another subject quickly. mccain-fine gold. that was the campaign finance legislation feingold and mccain came up and widely thought, this was great. >> supreme courted to invalidated the heater heart and soul but not all of mccain, feingold. an individual person could make a contribution to a political campaign up to the moment of election. even after election itself to pay debts. but two or more people together, whether two people, whether it's a corporation, whether it's a

labor union, whether it's an advocacy group, they couldn't make any contributions or spend any money in the 60 days preceding election day. the supreme court said wait a minute, congress shall make no law abridging the freedom of speech. what part don't you understand. they can spend all they want up to the moment of election. >> you called it politically neutral. >> i do. helps republicans and democrats and labor unions and corporations, the national rifle association and planned parenthood and enhances the freedom of speech. >> shepard: there might be an argument, whether valid or not, the argument the individual donor can't make the kind of impact with the rules as they are now as the individual donor could under mccain-feingold. the individual. >> right, i mean that's not something that would concern the court.

>> i know that. >> the court is concerned with does that this vital the constitution. answer in this case, yes. not all the mccain-feingold was invalidated. corporations cannot give money directly to the political campaign. >> shepard: all right. well. >> i see you smirking. >> shepard: no. i'm about to sneeze. i have the tissue and i'm like maybe they'll keep a camera on him. maybe look at the lights. >> i'm making it worse. >> shepard: is no, everybody would love to see a sneeze because everybody loves to see somebody else's misery. >> man it's a mess in haiti. still feeling aftershocks. we'll take you to place where thousands of people set up their own small city to try to get by. we'll be live in haiti in 2 1/2 minutes.

>> shepard: it's happened again twice. two more aftershocks hitting haiti's capital sitting shaked the raw nerves of rescue workers and survivors. there have been at least 50 aftershocks since the quake tuesday. the haitian government now reports the quake left more people homeless than thought. they have up the estimate to 2 million newly homeless people. imagine. so speed up aid the u.s. military opened a third port. the manned commander says it's

still not enough to ease convention. only 140 flights can land a day. some areas including the port-au-prince suburb of fontamara have yet to receive food or water at all. that's where adam housley joins us live now. hole hello adam. >> talk about the newly homeless. these are mostly middle class families n u.s., considered very poor but they have newer clothes, they're clean. people have some food of their own. i saw a kid playing with the only thing in the tent a nintendo ds. as we walked through, what happened since this morning is which found out about this camp through a tweet sent by a viewer. he told us about the location [ audio trouble ] and they were trying to get help. the southern part of the city, aid workers are just now

reaching. what you can see behind me, we fed the video in for you guys and we come back and they put up 13 large tents. the homes to be used by the families now brought in by aid workers. newly put up in the last hour or so. the man who sent tweet is from g spence. we had video from here earlier. the first time anything reached these people. their burning garbage because it's the only place to put it otherwise it piles up and draws rats and rodents. you can see the situation as aid workers are reaching this part of the country and are afraid of what they'll find in the small are cities. >> adam housley in haiti. thank you for that. our reporters on the scene and they're producers and tech staffs are blogging on our website. log on to foxnews.com and see

the live shot tab on there. find that and click it and you'll have much more. see the arrow near the bottom of the page. it's a cool place to go. learn a lot there about what's happening. >> if you want to learn more about how to help, this is more important. go to foxnews.com/helphaiti to find a list of vet the charities as well as the latest from fox news and from everyone -- people on the island with their stories. that's foxnews.com/helphaiti. >> a live look now, these pictures courtesy of kttv fox 11. actually long beach. the ray storm is -- rainstorm is underway. in the east coast or dixie or florida you're like it's raining. very serious in los angeles. this is long beach and they expect mudslides and traffic problems. some of the heaviest prolonged rain they've seen in los angeles and surrounding areas in years.

we'll keep an eye on it and take you to the mountains and hopefully there's no bad news to report. well, after what seems like weeks of public bickering, nbc and conan o'brien have reached a deal. how much it will cost the peacock, how conan's venting in frustration. talk to us. >> ratings for our tonight show up 50%. when nbc heard this they told me see you really don't fit in around here. @=h ugcl)

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>> shepard: thank you nbc for weeks and weeks of great fun. now it's weird. it's gone all weird on us. it's a done deal. nbc's announced 45 million-dollar or so to -- think of this. the company comes to you and says we want to give you $45 million to do nothing. i'm in. this sounds like nirvana. that's the settlement with conan o'brien releasing him from his contract letting him take another job in september, hello, fox. $12 million will go to the tonight show staff, out of a job soon. conan he's manager says the host will supplement that from his settlement but that's not all it will cost nbc. last night, conan explained until the show ends, nbc has to foot the bill for the program including a pretty new pricey character.

>> there it is, ladies and gentlemen. there it is, the mostyou can hes theme song is the original master recording of the rolling stones classic, satisfaction. is this appropriate music for a car that looks like a mouse? no. does it add anything to the comedy by the? no. is it accuracy expensive to play on the air and rights tory air on the internet? hell yes. total price tag for this comedy bit. $1.5 million. [ laughter ] last night's tonight show packed with insults directed to the peacock ang executives and the guests got in on the act. >> what do peacocks dream of when they take a little pay cook snooze? do they dream of screwing conan, who bumpedded his melon and lost

a few screws ♪ ♪ don't you worry your pretty feathered head, you're going to get rid of conan whose career is dead. we won't have to miss our best friend conan, he'll be on court tv during his trial with nbc ♪ ♪ conan, conan ♪ oh conan, coney conan o'brien. >> there's no more court tv. that was ed helms from the hangover. >> more on the tonight show settlement. i'm joined by michael berliny. automatic going to miss this. it's been great. >> it's been a lot of fun and every network in the late night business is having a great time with this because ratings are up across the board. everyone's throwing in their opinion, their skit and it's been a lot of fun. the real winner is the american audience. >> shepard: i wonder how in the

world nbc's going to climb out of this. i mean you talk about a debacle. >> yeah, there's a huge mess on nbc's hands. and for better or for worse, it lies at nbc's jeff zucker feet. >> he admitted it finally. >> he has to. there's no avoiding it. i'm curious to know what ge will do because the buck stops with him. if you look at comments jack we will much made, he distanced himself and said if i was running the show i would make changes. this is not a good day for jeff but it was his call. >> shepard: our viewers know comcast bought up the nbc, the whole peacock thing and this is not comcastic. they're not sitting in the sidelines watching. >> in you know brian roberts, the c.e.o. >> his reputation preseeds him and he's not a nonsense guy.

>> absolutely not. my take on the comcast takeover is they've said all the right things about jeff zucker being in charge but they'll have their own executives running nbc. nbc is more than a network, it's a bunch of cable negotiation -- networks. so jeff's days are numbered. i will say -- i can't believe i'm defending him. what he tried to do was a good idea. he's trying to change the economics of prime time television which, if you know anything, they're whacky. they waste millions upon mills on pilots never shown. he tried to change the economics by what he did. he picked the wrong guy. >> shepard: he didn't care about his affiliates because the -- ed anson from sunbeam was right. conan has a huge pile of money,

a loyal following, he can go back to work in september. one network has shown interest, fox. >> that's right. what do you think of a conan at 11:00 eastern, 10:00 central. >> put aside the fact there's challenges in terms of the television business. say they can make that happen. it's a brilliant move. conan delivers a younger audience. one of the things overlooked in this ratings story is conan's ratings were lower but his young adults, 18 to 34, a sell able audience was way up or level. they were probably making good money off that because those advertisers that want that demographic are willing to pay a premium. >> shepard: whoever -- he's the hero in this if there's a villain and hero. >> conan's the hero. >> whoever -- >> he's robinhood. thanks to the fracas, he's been

able to showcase the type of humor he does and his staff does to a much wider audience so when he goes to another network that, network's going to benefit. there's no way conan can lose. even if he bombs in the next thing, he still has $34 million or 30 million they gets to keep. well done, conan.g itoget >> shepard: i hear the lost thee masturbating bear. is just $29.99 at red lobster. you both get a fresh salad and irresistible cheddar bay biscuits... two entrees from a menu of classic favorites and new creations. and your choice of either an appetizer or a dessert to share. your favorite seafood with your favorite person. just $29.99. for a limited time at red lobster.

>> shepard: our government accuses them of helping to orchestrate the attacks of 9/11.

five high profile suspected terrorists, including mohammed. each expected to go to trial in new york city. some who live and work in lower manhattan are urging the trial to be moved. trying the suspects could reportedly take years. and cost hundreds of millions of dollars in security alone. some people in the neighborhood say the trial could make them a target and every day life very difficult. think of the security checkpoints and the businesses thing the trial could scare away customers. eric shawn is at the courthouse where many high profile trials have been held. >> the problem, 30 feet. on the right is the courthouse right there, the federal courthouse where the administration plans to put the terrorist suspects on trial. right next door, 30 feet away, an apartment building called

chatham towers, home of 240 people. you can be in the apartment house and look in the window of the federal courthouse. it's amazing. we saw whom we presume to be u.s. attorneys working on criminal cases. what appears to be a federal courtroom, people working on a copying machine and waved. the local community board executive session decided to ask the administration to move this trial. people here think having it here is insane. >> 240 families will be imprisoned. we will not have access to cars, we can't get in and out of the building as in 9/11. 9/11, reheard it, saw it, smelled it and lived it. >> they're sending to eric holder and the president himself, shep. >> the trial has to happen somewhere. it's not as if these people aren't living to one of the most high profile courthouses on planet earth. what do they think they'll do,

move it to poughkeepsie. >> closer than that. governor's island off the tip of manhattan. it was a military installation. he held confederate soldiers there and there was a summit held there by president reagan. police say if the trial is held in lower manhattan they'll protect the neighborhood. the police commissioner says they'll be prepared. >> not only will we have to protect the core area of manhattan, we'll have to provide additional security to the entire city. we will have to be prepared and we are preparing for any contingency because of the unprecedented nature of the publicity. >> supporters point out al qaeda terror trials have been held here before but none like this. >> shepard: that. eric shawn. thank you. continuing coverage of the threat of severe weather past

california, moving to arizona, texas and beyond. heavy rain, wind, snow. we're live in our extreme weather center with what you need to know in 2 1/2 minutes.

>> shepard: fox news weather alert. we reported on the powerful storms in southern california. today, folks in the northeast, texas town of canton, cleaning up after this storm a gas

station torn down. a number much homes damaged a couple trees. you know the whole thing. the national weather service is checking into whether tornadoes touched down. janice dean, the weather machine. man alive. >> all that energy from the west is now moving across portions of the gulf coast and into the southeast. that's where we're seeing the tornado reports. 14 tornado reports yesterday. parts of texas and louisiana. the storm system is moving eastward. there's the tornado watches for parts of tennessee river valley as well as parts of florida into georgia until 4:00 p.m. eastern time. we don't have local tornado warnings right now. but earlier we did and we have confirm mission of a tornado in north florida. the tornado watch until 5:00 p.m. local across the tennessee river valley outside of memphis and nashville. the energy is moving into the west coast, the last storm moving in the renal region,

which is great news but a delayed reaction for the weekend. folks are worried about their homes, mudslides and rockslides and incredible amounts of rain. you can see los angeles in the highest elevations, where we could get several feet in the sierra and portions of the four corners. we have flash flood warnings for phoenix. they could get a year's worth of rain in a couple of days for phoenix, arizona. it will affect not only california but the four corners and into the weekend, parts of the gulf coast states with severe weather as well. >> some of the survivors in the earthquake in haiti are getting back to their lives. and their work but that's creating another obstacle for the relief workers trying to hand out aid. we'll show you live from the scene in 2 1/2 minutes. rrrrrrrrr

>> shepard: back to our coverage of the crisis in haiti. relief workers warn survivors are still dying of injuries from last week's earthquake not because -- because they're not getting medical care. one relief organization estimated thousands of people died needlessly every day because they don't have the medicine. clinics have a 12-day waiting

list. many with untreated injuries are in makeshift camps with little or no sanitation. fox news reporting from several areas across the country. here they are. brian wilson in the capital of port-au-prince. hello, brian. >> shepard we've been in town about 24 hours. just came across the boarder from the dominican republic and one of the things i was struck by this morning was the chaos in the streets. a lot of traffic. the crews that have been here a week say this is new. what you're seeing is absolute total gridlock. take look. this is the scene you see all over port-au-prince. average haitians starting to move about the country in the back of trucks and taxis. commerce is returning to the streets, which is good for the haitian people, very bad for the rescue workers. there is so much congestion and traffic and gridlock they cannot move about the country

effectively. shepard, we saw that the united states air force was bringing in helicopters not far from the american embassy to jump them to the airport. that is the not far but it gives you a sense of how gridlocked the city is becoming. a widespread experience and the crews today said it's very different. >> shepard: i understand you looked for the remains of the haitian government. >> yes, i did. i went out to find out where is the haitian government. the haitian people want to know and people around the world wonder what they're doing. the president is over in a police substation not far from the american embassy. what is left of the government is operating out of the police substation. a member of the 82nd airborne was there. he was a surgeon setting up a meeting to get more help.

they don't want to appear as if they're taking over the country, but the government is in such chaos they're having a difficult time fining people to talk to to get things moving. >> brian wilson. thank you. >> shepard: another reminder for a worthy cause. if you want to learn more about how to help haiti, go to our website, foxnews.com/helphaiti. there you'll find a list of vet the charities. >> the air transport association of america delivered bad news. total revenue for major carriers down 18% last year. the biggest one year slide on record. it was due in large part to the fact there was a 6% drop in passenger volume. on top of that recession sent the ticket prices down. while fuel prices head up, 2010 looks brighter. >> dogs, sure they're your best friend. they sometimes track mud in the house and get fur on your

clothes but you love them. what if your dog were tested. how would he rate? like the s.a.t.'s for k-9s. some breeds are smarter than others and we'll lay them out for you in 2 1/2 minutes.

and unusual find in the basement of the a home in milwaukee. a pair of gators rescued from a

empty house. the tenant abandoned them when they moved out. animal control reports they are mistreated. there was no food and no heat. but they're save now and could be headed to gator sanctuary. >> dogs are as smart at two-year-old children. that from a psychologist and k9 researchers. he says dogs understand at least 150 word, can count up to four or five. [ laughter ] what did you just say? dogs can count? i've never heard this. witch breads are the smartest? the top three, number one, border collies. then poodles. the third, german shepards, no relation. that's based on data from dog obedience experts but with that come mischief.

dogs can be consciously deceptive using their wiles -- whatever. this is a load of crop. you love dogs because they're your dawes and we have them as pets. we don't consume them and they're great. that's it. no, dogs can't count. i don't care what she says. i had snowball for 13 years. never said one word, never. not one i could understand. neighborhood dogs understood but i never heard it count. dogs can count ... who wrote that? they count silently because i never heard them count. this is the the news. we're supposed to be telling some modicum of truth. i don't know dogs count. they could do it silently.